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Discussion

Anyone been made to pay back PSC?
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beelsonwheels
Posted - 26 May 2016 16:42
I am a trainee and due to qualify in the next couple of months. I have taken up an NQ position at another firm and now current firm have advised that I need to pay them back for my PSC.

Has this happened to anyone else?
Is this allowed?
Carax
Posted - 27 May 2016 15:09
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Shouldn't be allowed. Training firm must pay PSC according to the SRA TC rules - unless you signed an agreement saying otherwise?
crayfish
Posted - 03 June 2016 20:50
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Never heard of this! but yes, check the SRA rules or contact the SRA. Sounds wrong.
poofish
Posted - 07 June 2016 13:04
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Most firms don't, but DWF is known to force a 4 year lock-in (aka up to 2PQE) on its trainees, and be very militant in getting the LPC money repaid:

http://www.rollonfriday.com/TheNews/EuropeNews/tabid/58/Id/4544/fromTab/58 /currentIndex/44/Default.aspx

Excession
Posted - 27 September 2016 13:26
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Yes - but that's LPC fees for God's sake...and it's DWF.

Even tiny commerical or High Street firms would never think of clawing back the PSC cost, much less a proper shop...
I_G
Posted - 28 September 2016 20:53
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https://www.sra.org.uk/solicitors/handbook/trainingregs2014/part5/rule10/content.pag e

It is indeed the firm's duty to pay assuming it was first attempt as set out in the SRA handbook.

How did you go about getting an NQ pozish at a different firm? And how is the NQ market looking? I assume you were offered a salary higher than that offered to NQs at the firm you are currently? If so, how much higher?
I_G
Posted - 28 September 2016 20:55
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link fail

it says:

Regulation 10: Authorised training providers

10.1
Only an authorised training provider may provide recognised training to trainee solicitors.

10.2
To provide recognised training an authorised training provider must:

(a)
meet the requirements for authorisation set out in regulation 11;

(b)
have a training principal who meets the requirements of regulation 13, and notify us in the prescribed form;

(c)
meet the requirements for recognised training set out in regulation 12;

(d)
notify us in the prescribed form of any individual who will commence a period of recognised training with the authorised training provider;

(e)
pay the fees and expenses for their trainees' first attempt at the PSC, and

(f)
pay their trainees:

(i)
until 31 July 2014, at least the minimum salary prescribed by us;

(ii)
from 1 August 2014, at least the single hourly rate of the national minimum wage specified in regulation 11 of the National Minimum Wage Regulations 1999.
Roscoe P. Coltrane
Posted - 01 October 2016 07:11
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To avoid any problems until after they sign off on your training contract, try to say nothing on the matter.

Once they've signed off, politely quote the SRA rules above and case law which held that your express consent is required for such an amendment to your contract.

If they give you any jip, threaten to file for unlawful deduction from wages in ET.
Roscoe P. Coltrane
Posted - 01 October 2016 07:15
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Norman & another v NAO, I think...
Roscoe P. Coltrane
Posted - 01 October 2016 07:16
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To avoid any problems until after they sign off on your training contract, try to say nothing on the matter.

Once they've signed off, politely quote the SRA rules above and case law which held that your express consent is required for such an amendment to your contract.

If they give you any jip, threaten to file for unlawful deduction from wages in ET.